Constance Days-Chapman is accused of failing to report abuse allegations made by the daughter of Mayor Marty Small and Superintendent La'Quetta Small.
A judge has denied a defense motion to suppress evidence found on the electronic devices belonging to the Atlantic City High School principal accused of trying to cover up abuse allegations against Atlantic City Mayor Marty Small and Superintendent of Schools La'Quetta Small.
Evidence against her includes two cell phones and an Apple watch seized in March. Her attorney argued only one cell phone was mentioned in the certification to obtain the warrant, and the Apple watch was not named at all.
But Judge Bernard DeLury — who approved the warrant — disagreed in his ruling issued Monday, even pointing to mentions of the watch on five pages of the detective's certification.
The Smalls' daughter first alleged physical abuse by her parents Jan. 22, 2024, after a school assembly concerning mental health.
School staff informed Days-Chapman of the allegations, and she said she would make the required report to the Division of Child Protection and Permanency.
Phone records show Days-Chapman instead called Dr. Small. Video surveillance outside the Smalls' home also shows them meeting with Days-Chapman inside her vehicle for about a half-hour that day.
The next day, Days-Chapman told the counselor and senior staff member who had been told of the abuse of her visit to the Smalls' home, and then promised to alert DCPP, they told investigators.
But no one from the school ever notified DCPP, the state alleges.
Instead, DCPP found out about the allegations Jan. 24, 2024, from the supervisor of a social worker who spoke with the teen in a telehealth appointment set up by the Smalls, the record shows.
An investigation into the allegations led to warrants to search Days-Chapman's office, her car and any electronic devices found in those locations.
Those warrants were overbroad and omitted key information, her attorney argued during a hearing this past Jan. 23, that moved to suppress the evidence on those devices.
But the judge disagreed in a 24-page decision obtained by BreakingAC.
DeLury found that the phone records, reports from the school employees with knowledge of the girl's reported abuse and meetings between Days-Chapman and the Smalls indicated that "evidence of official misconduct and conspiracy to commit official misconduct would be found on the electronic devices."
He also addressed claims by defense attorney Lee Vartan that the high volume of communication between Days-Chapman and the Smalls was presented without the context of her relationship with the couple.
The more than 100 calls and texts between the three from December 2023 through January 2024 was not unusual given their relationship, Vartan said, referencing a longtime friendship between Days-Chapman and the Smalls.
He also pointed out that as principal, Days-Chapman would have regular communication with the superintendent. Her work with the city's Democratic Committee also explained regular contact with the mayor.
"It does not appear that the inclusion of the nature of their relationship in the certification would defeat a finding of probable cause," DeLury wrote. "In fact, the inclusion of their relationship would likely show that the defendant's Verizon Wireless records and the timing of the communications were intended to give her friends a 'heads-up' about the allegations against them."
Vartan has claimed her close relationship with the Smalls is why Days-Chapman was even charged, calling her “collateral damage” as the Atlantic County Prosecutor's Office targets the Smalls.
The defense cited two separate court decisions that showed the timeline should have been limited as to what could be searched on the electronic devices.
But those cases were about communication during specific times, the judge noted.
One was interaction with an underage girl. The other was a murder case in which law enforcement was looking for a specific timeframe to prove the accused's whereabouts.
"In contrast, (Days-Chapman's case) involved conspiracy and a failure to report child abuse over a period of two months," DeLury wrote.
He agreed with the prosecution's argument that the investigation included proving "the absence of an act." That act being a report to DCPP.
A full search was needed to show that contact was never made, he found.
Days-Chapman's attorney argued that she did notify a DCPP worker, just not through the toll-free number. But the state claims that the now-suspended principal only mentioned a "hypothetical" to Bianca Dozier, who the defense referred to as a "DCPP higher-up."
The judge also denied the defense's request for a Frank hearing, which would have Detective Daniel Choe — who authored the 22-page certification used for the warrant — testify and be cross-examined by the defense. It would have given Vartan the opportunity to ask why certain information may have been left out.
Monday's decision was expected to come Thursday, when both sides are scheduled to be in court. That date is still scheduled.
There also is a separate pending motion to dismiss the charges filed earlier this month in which Vartan claims Days-Chapman is being used by the Atlantic County Prosecutor's Office to get to the Smalls.
The Prosecutor's Office declined to comment on the judge's decision.
Vartan had not yet had time to review the decision.
